Style

[traceyc]

i hope i'm posting this in the right place, sorry if i havnt!

 

I have had a long standing payment agreement with style finanacial services (storecard - not gone to DCA...i hope!), i have recieved my usual monthly statement & have been charged £17 interest - i pay £5 per month & interest has not been charged before, during the agreement.

I have had no letter from them telling me they we're going to start adding interest or that my agrement needed reviewing (they dont have my telephone number)

 

I am dreading having to contact them, should i write instead of calling??

what is the best thing to say or write??

should i just send a finanacial statement to show my circumtances havnt changed??

i dont know how best to approach this!!

[PriorityOne]

If you've had a "payment agreement" for £5 a month for some time... it would be best to write to them (rec. delivery) to find out out why they're applying interest now, after suspending it for so long.

 

No need for you to send a financial statement... you just want a simple answer to your question. Ask for a Statement of Account at the same time though... so check for charges and other nasties.

 

How much do you still owe on this (approx.) ?

 

[steven4064]

Hi tracey

 

Always write, never ring. Whatever they agree on the phone ususally evaporates as soon as you put the phone down. If the original payment agreement was based on your financial statement, then by all means send them a new one to show your circumstances haven't changed.

 

Just write and tell them the facts -you have a payment agreement which you have had since date and that you have kept your side of the bargain.

 

Ask them why they have gone back on the agreement by suddenly adding interest. Tell them you are enclosing an up to date copy of your financial statement to show that your circumstances haven't changed.

[traceyc]

Thanks for the advice - i will write tonight. Should i ask/demand the interest to be refunded?

I feel better already knowing i dont have to speak to them!!!

i will update when i get a reply

[steven4064]

Yes, request that they honour their agreement an drefund the interest

[traceyc]

This is my draft letter, what do you think?

''I am writing with regard to my last statement dated 28th March 2008.

I have noticed that interest of £17.30 has been added to the account. I have a long standing payment arrangement of £5 per month and interest is frozen. I have honoured this agreement by making regular payments on time.

I have received no correspondence from you to say that the agreement needs reviewing.

I request that the agreement be honoured by you and the interest refunded on my next statement

I enclose a financial statement that shows my circumstances have not yet improved to be able to increase payments.

I request all correspondence to be in writing only. I hope this matter can be rectified amicably and quickly.

Yours Sincerely''

[steven4064]

That looks fine tracey

[traceyc]

I have recieved a reply from Style (sent them a financial statement too) - saying after they will appcept my offer - to be reviewed in 6 months.

No mention of the interest i asked to be refunded & its still showing on the full balance.

should i wait for the next statement & see if it gets refunded?

[traceyc]

On top of this i have now recieved a Default Notice from CL Finanace regarding a different account i have been paying over a long period.

Again i have made regular payments by check on 5 different accounts with them all paid on one check - only this one seems to be a problem.

After doing some checking it looks like the payment due date for this one account is earlier than all the others, i send the check as soon as i get paid so cant pay it any earlier!

 

Should i tell them this?

 

I will send them a financial statement, but not sure how to word the letter (again!!!)

 

Thinking of asking for the CCA too but not sure about that either!!!

 

I have been given till 10th May to sort this (asking for full payment that i cant make!)

[steven4064]

should i wait for the next statement & see if it gets refunded?

I would and, if not, wqrite to them again

Again i have made regular payments by check on 5 different accounts with them all paid on one check - only this one seems to be a problem.

After doing some checking it looks like the payment due date for this one account is earlier than all the others, i send the check as soon as i get paid so cant pay it any earlier!

 

Should i tell them this?

It can't hurt and thery may be understanding - you should ask why they have done this all of a sudden

[traceyc]

On top of this i have now recieved a Default Notice from CL Finanace regarding a different account i have been paying over a long period.

Again i have made regular payments by check on 5 different accounts with them all paid on one check - only this one seems to be a problem.

After doing some checking it looks like the payment due date for this one account is earlier than all the others, i send the check as soon as i get paid so cant pay it any earlier!

 

Should i tell them this?

 

I will send them a financial statement, but not sure how to word the letter (again!!!)

 

Thinking of asking for the CCA too but not sure about that either!!!

 

I have been given till 10th May to sort this (asking for full payment that i cant make!)

 

This letter sound ok?

 

With regards to recent letter dated 21st April 2008.

At present my circumstances have not improved therefore I am not able to increase payments or pay arrears. I have enclosed a financial statement.

Payments have been made regularly over a long period of time, so I was surprised by your letter. I have several accounts with CL Finance (see financial statement) which I pay together by check and have not received any such letters regarding other accounts, which are all paid at the same time.

After I checked the accounts it appears that the above account has an earlier payment date than the rest. I make payment as soon as wages are received so cannot pay any earlier. If it is possible to amend the payment date to around the beginning of the month I believe this will sort the problem out.

I wish all correspondence to be in writing only.

I hope this can be rectified quickly and amicably.

[steven4064]

Looks OK to me

[car2403]

You could consider testing to see if the agreement is enforceable?

 

This is a link to my Style claim;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/110150-car2403-rbs-plc-default.html

[bulldog1]

Tracey, CCA style right away and also S.A.R - (Subject Access Request) RBS there are plenty templates on the forum . I had a problem with these two recently alleged debt (it was purely interest) was ongoing so I cancelled order at the bank and just waited to see what would happen. Got letter 3 months down the line from regal credit demanding payment on behalf of their client or else blah blah ,anyway sent CCA S.A.R - (Subject Access Request) heard nothing until day before deadline from style when they sent me a run of the mill application form and a list of the general rules and regulations.I sent the lot back and stated firmly that i requested a true signed and dated original agreement and if they did not respond to my request I would have no hesitation in reporting them to the appropriate authorities. They came back with this "As we are unable to retrieve this information to satisfy your request we are treating the balance of your account as discharged and the credit agreement has ended". So i would advise you to cancel your payments to them and CCA style and S.A.R - (Subject Access Request) RBS as the outstanding balance you are paying this mob is purely interest and it will continue and continue no matter what. good luck

[car2403]

There is an issue with most RBS agreements pre-2005, to my knowledge at least, that means most of this debt is unenforceable. Open forum isn't the place to say more, for obvious reasons, but my advice to anyone with such a debt is to query, query, query it - mine went all the way to issuing a Court claim against them, but I'm sure the same situation wouldn't be on RBS's wish list again. Long story short, the "S" is about to hit the "F" at RBS and everyone is ducking for cover - they also don't want any further "adverts" of this type appearing on forums like this, which works in your favour.

 

One story that is in the public domain is this one, which has National Press attention already - there are many more, but this should give you some confidence;

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/11427-walton-rbos.html

[steven4064]

Tracey

 

I have moved this tread to the store cards forum - I think it belongs better there

[steven4064]

Having 'spoken' to car, I think he is right about checking your agreement. Write to Style and request

a copy of the executed agreement for the account under s78(1) of the Consumer Credit Act 1974, together with a statement signed by or on behalf of Style showing:

(a) the state of the account,

(b) the amount, if any currently payable under the agreement by me to Style, and

© the amounts and due dates of any payments which, if I do not

draw further on the account, will later become payable under the agreement by me to Style.

[traceyc]

I have recieved a reply from Style (sent them a financial statement too) - saying after they will appcept my offer - to be reviewed in 6 months.

No mention of the interest i asked to be refunded & its still showing on the full balance.

should i wait for the next statement & see if it gets refunded?

 

 

update

recieved a statement not long after above letter - no interest refunded

recieved this months statement - added another £18 interest!!! on top of the other £17!!

 

i can do the CCA thing, (have the template letter) but am wondering if they would have the agreement being as its not with a DCA?

 

dont really understand these or how to word it in a letter:

 

a copy of the executed agreement for the account under s78(1) of the Consumer Credit Act 1974, together with a statement signed by or on behalf of Style showing:

(a) the state of the account,

(b) the amount, if any currently payable under the agreement by me to Style, and

© the amounts and due dates of any payments which, if I do not

draw further on the account, will later become payable under the agreement by me to Style.

 

dont know what a SAR is or how it works either.

 

i dont want to write & get stuff wrong!

Help please - if i'm paying the £5 a month arragement & their adding nearly £20 a month interest it'll be never ending

[steven4064]

Just write:

Dear Sirs

 

Re: Account xxxxxxxxxxxxx

 

Please supply me with a copy of the executed agreement for the account under s78(1) of the Consumer Credit Act 1974, together with a statement signed by or on behalf of Style showing:

(a) the state of the account,

(b) the amount, if any currently payable under the agreement by me to Style, and

© the amounts and due dates of any payments which, if I do not

draw further on the account, will later become payable under the agreement by me to Style.

 

I enclose the statutory fee of £1 and remind you that the statutory period for your reply is 12 days.

 

Yours sincerely

 

tracey

Don't sign te letter, just print your name. Send the £1 as a postal order not cheque.

 

A S.A.R - (Subject Access Request) is a Subject Access Request under the Data Protectin Act - to comply, they have to send a copy of all the data they hold where you are the subject.

[traceyc]

ok 3rd statement in a row that has charged me £18 interest on my £5 a month agreement!!

I have printed off a CCA letter:

 

 

 

''Dear Sir/Madam

 

 

Account Number: - .......

With reference to the above agreement, I request that you send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £1.00, which represents the fee payable under the Consumer Credit Act.

 

I understand a copy of my credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Please note that I do not acknowledge any debt to your company unless, or until, a true copy of the signed executed agreement is sent to me, together with proof that the alleged debt has been legally assigned to yourselves.

 

I wish all further communications in writing; phone calls will be considered harassment and will not be answered. If they continue I will make a report to the relevant authorities.

 

I look forward to hearing from you

Yours faithfully

 

Should i put in the letter to refund the interest charges too?

or should that be a seperate letter. or should i not mention it & wait & see what happens with the CCA ?????

[steven4064]

It needs to be a seperate letter - different departments deal with the different issues

[traceyc]

remember me???

just had a reply from Style after i posted the cca letter on 11 june!!

the 1st line of their letter says -

''Thankyou for your letter dated 11 June 2008, which was recieved into this office on 11th July 2008''

 

The date on this letter is July 25th!

They have sent me an unsigned copy of the CA with ''copy'' stamped on it (no signeture) that also has a section saying ''Notice of Variation February 2008''

My account goes way back than that date!

 

It also says

''your written request for information made under s78 (1) of the CCA must be accompanied by payment of a fee of £1, which we have recieved & has been applied to your account accordingly''

My CCA letter said under S189 of the CCA 1974???didnt know if this is important??

''our records show that there is still a balance outstanding on the above account. As you are aware, your account is currently being managed by our Debt Recovery Dept. Therefore, you should contact them directly to obtain details of your required payments to settle your account. I can confirm that your account has not been sold.''

They give me a phone number but i dont want to ring them & i cant afford to settle.

On top of this they have continued to add interest of around £18 per month when our payment agreement is £5 per month!! So the debt is going up & up!!

 

sigh sooo how do i respond, are there any template letters i can use?

[traceyc]

Can anybody help??

Please??

[car2403]

If the agreement isn't signed, it's improperly executed and unenforceable.

 

Let me work out an appropriate reply for you.

 

[car2403]

It also says

''your written request for information made under s78 (1) of the CCA must be accompanied by payment of a fee of £1, which we have recieved & has been applied to your account accordingly''

My CCA letter said under S189 of the CCA 1974???didnt know if this is important??

 

It is s.78(1), but I wouldn't worry about that - they know what you want. Interesting they took the £1 off your account, but what they do with the payment isn't important, what is important is that they received it. The payment is meant to cover their admin costs in replying, which is implied in the Act, but again, nothing to worry about.

 

''our records show that there is still a balance outstanding on the above account. As you are aware, your account is currently being managed by our Debt Recovery Dept. Therefore, you should contact them directly to obtain details of your required payments to settle your account. I can confirm that your account has not been sold.''

They give me a phone number but i dont want to ring them & i cant afford to settle.

On top of this they have continued to add interest of around £18 per month when our payment agreement is £5 per month!! So the debt is going up & up!!

 

Do not call them. You don't have to. They have to prove they have an enforceable agreement. Without that, they can't make you pay. Yes, you can continue to make payments - in fact, I'd encourage you to, as if it gets to Court, you're showing the Judge you aren't avoiding the debt.

 

What you need to do is reply with something along these lines;

 

Dear Sirs,

 

Account Number: XXX

 

Re; your recent reply to my request under section 77-79 of the Consumer Credit Act 1974

 

I note that you have replied to the above by sending a copy of an unsigned agreement and your companies current Terms and conditions I must inform you that this is not sufficient to comply with the request and that your company is still in default under the act.

 

To clarify, just sending the Terms and Conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a “true copy” of the agreement.

 

This breach of the agreement can be demonstrated as follows;

As you will know section 180(1) (b) authorises, “the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form.” This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557.

 

Before leaving section 180 there are two other sections that should be remembered these are:

 

Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements;

 

And more importantly

 

Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations.

 

You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations.

 

Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557.

 

The regulations state:

(2) There may be omitted from any such copy-

(a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy;

(b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies);

 

It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations.

 

The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso.

 

Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions.

It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented.

 

I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues.

 

If you intend to reply stating that the agreement you have sent me is in compliance with your obligations under the Act and the Regulations and that you insist that this is a true copy of the originally executed credit agreement, I must insist that you clarify, for the avoidance of doubt, that you hold the original agreement, signed by myself, and that the document is in all ways compliant with the requirements of the Act and regulations. If you are able to do so, I must also insist on you disclosing the reason why you are choosing to rely on the document you have sent me, which is missing key information such as signatures, rather than simply supplying the document in your possession. I must inform you that I intend to query the existance of such a document, so I would encourage you to consider your reply carefully, as I may choose to rely on it at a later stage. If you choose to not supply this information in your response, I will have to conclude that you are attempting to misrepresent your position by failing to disclose the information and documention you have in your possession.

 

Please do not reply with a "standard response" - if you are at all uncertain as to how such a reply could bind you at a later date, or how failing to deal with my query sufficiently, as I have outlined, I would encourage you to seek legal advice from your corporate counsel prior to constructing your reply.

 

Yours faithfully

 

The bit in bold is extremely important. Technically, they don't have to supply the signed copy of the agreement - we're trying to force their hand, in that we need them to admit that they do/do not hold the signed copy, as that is what will determine if the debt is unenforceable. (Feel free to remove the bolding from the letter before you send it! )